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Organised crime.
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72.—(1) A person who, for the purpose of enhancing the ability of a criminal organisation to commit or facilitate—
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(a) a serious offence in the State, or
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(b) in a place outside the State, a serious offence under the law of that place where the act constituting the offence would, if done in the State, constitute a serious offence,
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knowingly, by act—
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(i) in a case to which paragraph (a) applies, whether done in or outside the State, and
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(ii) in a case to which paragraph (b) applies, done in the State, on board an Irish ship or on an aircraft registered in the State,
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participates in or contributes to any activity of the organisation is guilty of an offence.
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(2) In proceedings for an offence under subsection (1), it shall not be necessary for the prosecution to prove that—
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(a) the criminal organisation concerned actually committed a serious offence in the State or a serious offence under the law of a place outside the State where the act constituting the offence would, if done in the State, constitute a serious offence, as the case may be,
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(b) the participation or contribution of the person concerned actually enhanced the ability of the criminal organisation concerned to commit or facilitate the offence concerned, or
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(c) the person concerned knew the specific nature of any offence that may have been committed or facilitated by the criminal organisation concerned.
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(3) In determining whether a person participates in or contributes to any activity of a criminal organisation, the court may consider, inter alia, whether the person—
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(a) uses a name, word, symbol or other representation that identifies, or is associated with, the organisation, or
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(b) receives any benefit from the organisation.
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(4) For the purposes of this section, facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed.
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(5) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.
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